Wyoming Abortion Restrictions Ruled Unconstitutional

The Wyoming Supreme Court has ruled that two state laws restricting abortion access are unconstitutional. The 4-1 decision upholds previous lower court rulings and impacts abortion bans passed after the U.S. Supreme Court overturned Roe v. Wade in 2022.

The Court’s Ruling

The Wyoming Supreme Court sided with Wellspring Health Access, Chelsea’s Fund, and four women, including two obstetricians, who challenged the laws. They argued the laws violated a state constitutional amendment affirming the right of competent adults to make their own health care decisions. The court found that while the amendment was not explicitly written to address abortion, it did not fall to the court to add words to the constitution. Justices suggested lawmakers could propose a constitutional amendment clarifying the issue for voters.

Impact on Abortion Access in Wyoming

Wellspring Health Access, the state’s only clinic offering surgical abortions, will remain open. Clinic President Julie Burkhart stated the ruling affirms abortion as essential health care and prevents government interference. The clinic opened in 2023, a year after construction was delayed by a firebombing incident.

State Response and Future Legislation

Republican Gov. Mark Gordon expressed disappointment with the ruling and urged state lawmakers to propose a constitutional amendment prohibiting abortion for a vote by Wyoming residents this fall. Attorneys representing the state had argued abortion cannot violate the Wyoming constitution because it is not a form of health care. The Wyoming legislature, which is dominated by Republicans, is expected to consider such a proposal during the upcoming legislative session.

Existing and Pending Legal Challenges

A Teton County District Judge previously blocked the abortion bans, and a separate lawsuit challenges laws requiring abortion clinics to be licensed surgical centers and mandating ultrasounds before medication abortions. These laws remain on hold pending the outcome of those legal proceedings.